Sandeep Kumar Singh @ Sandeep Kumar @ Pappu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11634 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11634 of 2016 Arising Out of PS.Case No. -269 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================

1. Sandeep Kumar Singh @ Sandeep Kumar @ Pappu Singh son of Sri Shiv Mangal Singh resident of Village- Dirawan, P.S.- Bodh Gaya (Cherki), District- Gaya..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Satyaverat Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Bodh Gaya (Cherki) P.S. Case No. 269 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Arpana Devi, the grand daughter of the informant, was married to the petitioner in the year 2004 and out of the wedlock there is a son aged 9 years and a daughter aged 5 years and allegedly, the petitioner and other in-laws used to demand additional dowry and due to non-fulfillment she was being tortured and ultimately she was burnt to death and wrong information was given.

Submission is of false implication and that during investigation independent witnesses have stated that the wife of

Patna High Court Cr.Misc. No.11634 of 2016 (3) dt.29-04-2016 the petitioner committed suicide, the case has already been compromised and the informant now is not ready to support the prosecution version as under confusion he has lodged this case vide annexure-3.

Learned APP submits that the petitioner is the husband and other witnesses have supported the prosecution version but now the informant is retracting from his earlier version. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge, Gaya in connection with Bodh Gaya (Cherki) P.S. Case No. 269 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T